Kuwait Court of Cassation principle number 403

Adoption of the school of Imam Malik as the general law under the Kuwaiti Personal Status Law, or its non-adoption and the application of particular schools. Its basis. The dispute relating to the personal status of these schools. The criterion therefor. The relationship from which, or because of which, the dispute arose, the parties to that relationship, and whether or not they adhere to this school, as it constitutes the subject matter and object of the litigation. Example concerning custody. - Custody of a child who is not afforded a choice under the Ja‘fari school belongs to the mother. His reaching seven years or eight or more, up to puberty. The father has the better right to him if he is male, and his rank precedes that of the grandmother.